Hon’ble Jitendra Kumar Sinha,J.
Re: Criminal Misc. Application (Leave to Appeal)
1. Heard Shri Krishna Manohar Tiwari, learned AGA appearing for the appellant-State of UP and perused the record.
2. Present government appeal has been preferred against the judgement and order dated 28.09.2021 passed by the learned Additional District and Sessions Judge/ Special Judge (POCSO Act), Court No.1, Mau, in Special Session Trial No.40 of 2014 (State of U.P. Versus Ajeet Kumar), arising out of Case Crime No.758 of 2014, under Sections 363, 366, 376 IPC and Section ¾ of POCSO Act, Police Station Ghosi, District Mau.
3. The prosecution story is that the complainant moved an application under Section 156(3) Cr.P.C. before the learned Court below alleging therein that on 02.03.2014 at about 02:00 P.M. the complainant’s daughter aged about 15 years was enticed away by the accused Ajeet Kumar and he moved to police station to lodge the F.I.R. but the same was not registered. On 07.03.2014, he along with an application went to the police station where the accused Ajeet Kumar, his father Achhey Lal, Hari Lal, Bal Chand and Chanwa Devi took his daughter at Police Station but neither the report was lodged nor her medical examination was conducted. The complainant’s daughter told that Chanwa Devi called her from the house and give intoxicating substance and took her to some remote place where accused Ajeet Kumar committed rape upon her for several days. On the basis of the direction of learned Court below, the first information report of the present case was lodged and the investigating officer after completing all formalities, collecting sufficient material evidence has submitted charge sheet against the accused in the Court below.